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Chris The Lawyer, Lawyer

Category: New Zealand Law

Satisfied Customers: 14867

Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

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Ex sister in law had her son removed from her care, but only

Customer Question

ex sister in law had her son removed from her care, but only being hassled and was emotionally in state that she just signed child over to the step grandmother in law and grandfather in law over written work, to get some sort of income for the child. Can I (Aunty) as I have mothers verbal and any other sort of consent to take baby under my wing or do I have to go through the child's grandparents to do so ?

You would need to get either an agreement negotiated through FDR family mediation, or if that doesn't work, you will need to apply to the Family Court. If you have the grandparents consent you can uplift the child, but you will also need to have the mothers consent as well. It is a requirement to try mediation before you apply to the Family Court, and these settle about 80% of the time, and you dont need a lawyer for this part, although there is a fee for appointment. You can however try for mediation, and if the grandparents refuse, you can then go to the Family Court and apply